REFLECTIONS ON FREEDOM OF CONTRACT IN CAMEROON LABOUR LAW
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DOI:
https://doi.org/10.55662/Keywords:
Freedom, Private Autonomy, Labour contract, Regulations, Collective bargainingAbstract
Classical contract law upholds the theory of private autonomy reflected in the parties’ freedom to contract. This is a sacrosanct principle. However, the need for regulation is seen in special contracts such as that of labour and this is the approach adopted by Cameroon labour law. Laissez faire has been replaced by welfare; social security. The question that preoccupies us in this paper is whether freedom of contract actually exists in the domain of labour law in Cameroon, given the inequality of bargaining power amongst others on one hand and State regulation on the other hand. Considering the need for State intervention to regulate various aspects of labour relations, one ponders how far the parties to a labour contract are expected to exercise freedom of contact and on the other hand, how adequate the existing State regulation and collective bargaining act as countervailing forces in protecting the weaker party, that is, the worker. The crux of the matter is whether one can talk of actual freedom of contract in labour law and the extent of such freedom.
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